Entertainment, Arts, and Sports Law Commons^™

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

The Legal Vacuum In Cognitive Privacy And Brain Data, Kayla Flanders

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There is an entire world emerging—technology capable of interpreting our brainwaves to predict which ads we’ll respond to, lift our moods, or queue the perfect playlist. U.S. patent filings in neurotechnology are soaring, mirroring the surge seen in gene-editing innovations.

Yet while gene-editing tools have sparked fierce public and ethical debate, neurotechnology companies are quietly amassing vast troves of brainwave data with far less scrutiny. What legal or ethical constraints are in place to govern the collection, use, or commercialization of this deeply personal data? Positioned at the intersection of data privacy, intellectual property, and scientific innovation, these questions demand …

“Going Once, Going Twice, Sold!” The Case For Resale Rights For Visual Artists In The United States, Alice Darakhchava

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Resale rights can be understood to be a form of royalty payments that compensate visual artists for subsequent sales after the initial sale of their artwork. In contrast to the schemes available to music artists in the United States, who receive payment for subsequent use of their works through licenses for public performance, synchronization licenses, or mechanical licenses, visual artists lack the ability to profit from the resale of their creations. This discrepancy separates the United States from the approaches to resale rights in many European countries and other countries that have adopted this system. Countries that recognize resale rights …

How The Law Makes Smart Cities Unaccountable, And How To Start Making It Better: Lessons From Sidewalk Toronto, Beatriz Botero Arcila

Vanderbilt Journal of Entertainment & Technology Law

Sidewalk Toronto was the flagship project of Sidewalk Labs, the smart-city subsidiary of Google’s parent company, Alphabet. It was the largest smart-city project planned in North America or Europe. It is also the most notable failure of such a project to date.

Smart city projects and the technologies behind them improve the delivery and efficiency of city services, produce data to help local policymakers learn from their policy interventions and bring several economic development benefits. At the same time, they can create important risks to fundamental rights and enhance the capabilities of corporate and public surveillance. When Sidewalk Toronto was …

Evaluating The Ncaa’S Responsiveness To Tampering In The Nil Era, Josh Lens

Fordham Law Review Online

Recent and significant changes in college athletics have led to an increase in the number of athletes who transfer between universities. This requires college coaches to expend significant effort retaining key athletes, especially in the face of widespread “tampering”—recruiting athletes enrolled at other universities who are not in the National Collegiate Athletic Association (NCAA) transfer portal. Despite NCAA rules explicitly forbidding it, coaches have been outspoken regarding the prevalence of tampering, with some going so far as to publicly beg the NCAA to more strictly enforce its anti-tampering rules.

This Essay scrutinizes whether the oft-maligned NCAA has been responsive to …

Problems Facing The Concert Ticketing Industry: Examining Foreign Laws And What The Us Can Learn From Them, Samuel Baker

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Your Spotify Wrapped Year In Review – Data Privacy Edition, Saba Amid

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Mic Drop: The Urgent Call For Scotus To Settle The Discord On Right Of Publicity Preemption And The Split That Never Was, Roselyn P. Castillo

University of Miami Business Law Review

The Roberts Court and . . . 50 Cent? Surely, no one predicted this duo, but sooner rather than later, it may be reflected in casebooks across the nation. In 2020, the Second Circuit joined what has been referred to as a growing circuit split over the tension between state law right of publicity claims and federal copyright preemption. Aligning with the Eighth and Ninth Circuits, the Second Circuit held that a state law right of publicity claim was preempted. Conversely, the Third, Fifth, and Seventh Circuits have held that copyright law does not preempt state law right of publicity …

The Choice Of Law For Nazi-Looted Art Restitution: Cassirer V. Thyssen-Bornemisza Collection Foundation, California Assembly Bill 2867, And The Balance Between State, Federal, And Foreign Law, Alexander Stanfield

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Deep Fake Dilemma: The Battle Over Keeping It Real, Tyler Gollin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Machine Learned Misogyny: Gender Bias In Ai, Niria Rodriguez-Davila

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Training Your Large Language Model How To Speak "Human": A Transformative Public Necessity Or Copyright Infringement?, Isabelle Nasser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Renaissance Of Inequitable Conduct: Luv N' Care, Ltd. V. Laurain And The Affirmative Egregious Misconduct Exception To But-For Materiality, Katherine Reich

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Mediation Dance Of Choreography Copyright, Kassandra Sopko

Pepperdine Dispute Resolution Law Journal

Despite its societal presence and pervasive benefits for both performers and observers, dance remains a low-paying field with limited career longevity. While dance choreography copyright protection is an option for artists to monetize their work long-term, there are significant barriers due to legal complexities, financial burdens, and lack of awareness regarding copyright protections. The limitations of the copyright landscape burden choreographers who do seek to take advantage of their intellectual property rights, and many of the current suggested solutions for protecting choreography either prove inadequate or involve negative consequences. Alternative Dispute Resolution (ADR), particularly mediation with BATNA/WATNA incentives, presents a …

Don't Blame Me, Ticketmaster Made Me Crazy: A Discussion Of The Ticketmaster Eras Tour Fiasco, Madeline Enlow

Pepperdine Dispute Resolution Law Journal

The Taylor Swift and the Ticketmaster fiasco raised massive arbitration issues and garnered vast public attention from concertgoers, fans, and other artists who may experience similar ticketing-sales disasters in the future. Ticketmaster’s current arbitration agreement with New Era ADR was the focal point of the “Eras” Tour legal dispute. This Comment delves into the components of the fiasco, breaking down the dispute between “Swifties” and the mega-company, discussing the involved parties and their pertinent interests, the existing rights each party can utilize to achieve those interests, power differences at play, and relevant barriers to a potential solution. In addition, this …

Unravelling The Metaverse Matrix: Navigating Privacy Protection Within Modelling And Simulation Platforms, Eugenia Georgiades, James Birt

Washington Journal of Law, Technology & Arts

This article examines how personal data are regulated in emerging modelling and simulation environments, including computer games, mobile apps, and digital twin platforms. This article centers on a specific type of simulated and modelling environment, namely the metaverse. This article considers the privacy issues that arise when people subscribe to and participate in modelling and simulation platforms where vast amounts of data are collected, disclosed and stored. Such data may be vulnerable to misuse by the platform and third parties. This article considers Meta’s “horizons metaverse” platform as a case study for an immersive modelling and simulation platform. It examines …

Us Supreme Court Reopens Door For Restitution Of Nazi Stolen Painting, David Seen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The looting of works of art during World War II represents one of the most significant cultural thefts in history, with the Nazi state seeking to enrich itself by seizing property of the people it persecuted. The Nazis systematically seized thousands of invaluable works of art and cultural assets from museums, galleries, and private collections across Europe. The methods of seizure ranged from barefaced theft to indirect means such as forcing individuals to sell their property to finance their flights into exile. Due to the fact that many works of art were not looted directly but seized through indirect means, …

Watchdog Or “Paper Tiger”? Safesport Reform Is Needed To Protect Athletes From Abuse, Katie Braile

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

"Outside The Bounds": Counterman V. Colorado's Effect On Amateur Athletics, Mallory Brown

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Participation Rights Of Homeschooled Students In Public School Athletics: Is Denying Homeschooled Students Access To Public School Extracurriculars Legal Or Wise?, Vincent Catroppa

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Doctor Is (Not) In: Implications Of Increased Medical Malpractice Litigation On Team Physicians In The National Football League, Kaitlyn Furst

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Bargaining Across Borders: The Prevalence Of Collective Bargaining Agreements In American Sports And The Potential Implementation Of The American Model Into The English Premier League, Bryce Goodwyn

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Is Trade Secret Law Applicable And Practical In Sec Coaching? A Look Into Kirby Smart And Nick Saban, Dante Pellegrino

Georgia Journal of Law & Technology

Trade Secret Laws are vital in the corporate world to protect and encourage corporations to innovate without fear of others profiting from their effort. Is this applicable in other areas as well? This note analyzes the applicability and practicality of Trade Secret Law in College Football coaching through the lens of Kirby Smart, Head Coach at the University of Georgia, and Former University of Alabama Head Coach Nick Saban’s previous professional relationship. Coach Kirby Smart worked under Coach Saban for eleven years. After this, Kirby Smart succeeded as the Head Coach at the University of Georgia. The success and organization …

Cardozo Aelj’S Spring 2025 Symposium Delves Into The Implications Of Artificial Intelligence On Copyright Law And Publicity Rights, Cardozo Art & Entertainment Law Journal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo Arts and Entertainment Law Journal is pleased to present the 2025 Arts and Entertainment Law Journal Symposium: Fake It Till You Make It?: Striking the Right Balance Between Innovation, Publicity Rights, and Copyright. This event will bring together leading scholars and industry experts to explore the legal challenges posted by AI-generated voices, deepfake performances, and digital replicas.

Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong

UC Law SF Communications and Entertainment Journal

Nearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms …

From Data To Decisions: Safeguarding Athletes In The Age Of Ai, Nathan Elmer

SLU Law Journal Online

Artificial intelligence (AI) and data analytics are transforming professional sports by enhancing player performance, injury prevention, and scouting. However, the rapid adoption of AI raises significant concerns about data privacy, ownership, and decision-making biases that affect athletes. While collective bargaining agreements in major sports leagues provide some protections, they fail to address the complexities of AI-driven data collection and processing. The United States should adopt a regulatory framework similar to the European Union’s General Data Protection Regulation (GDPR) to safeguard athletes’ personal data. Implementing explicit consent requirements, addressing power imbalances, and ensuring transparency in AI decision-making would protect athletes while …